LAWS(GAU)-2012-12-51

LALREMSIAMI Vs. PRINCIPAL CHIEF CONSERVATOR OF FOREST

Decided On December 14, 2012
Lalremsiami Appellant
V/S
PRINCIPAL CHIEF CONSERVATOR OF FOREST Respondents

JUDGEMENT

(1.) This appeal is directed against the award dated 21.11.2011 passed by learned MAC Tribunal, Aizawl in MACT Case No. 36/2008 refusing the claimants therein to grant the award, claimed on an application, filed under Section 166 of the Motor Vehicles Act of 1988 (in short 'the Act') on holding that claimants could not prove that the servant of the State respondents committed the accident in question in the course of employment of public servants. Being aggrieved by and dissatisfied with such an award, appellants/claimants preferred this appeal citing several infirmities in the award dated 21.11.2011 rendered by learned Tribunal in MACT Case No. 36/200B.

(2.) Heard Mr. M. Zothankhuma, Sr. Advocate, assisted by learned the counsel Mr. Lalfakawma, Ms. D. Lalrinchhani and Ms. Nancy Lalruatkimi, all appearing for and on behalf of appellants. Also heard Mr. B. Lalramenga, learned counsel for respondents No. 1, 2 & 3.

(3.) The brief facts necessary for disposal of the present appeal are that on 31.072009, function under the caption "Green Mizoram Day" was organized at Zemabawk, Aizawl. The said function was attended to by Chief Minister, Mizoram as the Chief Guest. The meeting was attended to by one Mr. Liankhama, a Govt. servant in the department of Environment & Forest, Mizoram and he came there in the vehicle which department had allotted to him. He was, however, accompanied by his daughter Lalhlimpuii, since deceased, The vehicle was driven by on Mr. P.C. Lalrintluanga, a driver on contract basis working under the department aforesaid.